A study undertaken at the University of Zurich underlines that implementation of the 1% digital solidarity contribution does not contravene any laws. 

 

ithin the framework of a University of Zurich research project, Professor Rolf H. Weber, doctor of law, and Valérie Menoud, research assistant and law graduate, have studied the legal issues raised by financing the fight against the digital divide. Their study (to be published by Schulthess) sits at the intersection between information society law and financial law, a field that has attracted international attention during discussions regarding the possibilities of financing more equitable access to information and communication technologies (ICTs).

The central part of their study consists of an analysis of the main funding instruments that have an impact on the financing of ICTs: official development assistance (ODA) from the OECD, support from the International Monetary Fund (IMF) and the World Bank, private sector input through direct investment and, of course, the contribution of the Global Digital Solidarity Fund. Each mechanism is evaluated with a view to formulating a concrete legal strategy that will guarantee more equitable access to ICTs.

Effective mobilisation of the instruments available requires strong international consensus, which is not always achieved. However, with the proposed improvements, the numerous financing mechanisms in place could generate considerable resources to invest in ICT projects. It is essential that international discussions underway – particularly within the framework of the follow-up of the Monterrey Conference, the IMF and the World Bank Group reform, and the Doha cycle – address implementation of these legal strategies.

The legal specialists in Zurich consider membership of the DSF to be a fundamental of this approach. It is the responsibility of governments to facilitate adoption of the digital solidarity principle at the national, regional and local levels. An initial priority is to ensure that there is a legal framework that allows local authorities to undertake decentralised forms of cooperation, making it possible for regional and local institutions to adopt the 1% digital solidarity contribution. It is also essential to examine, in the light of national law, the possibility of including the digital solidarity clause in public procurement contracts.

The study underlines that there are no conflicting legal provisions that could hamper implementation of the digital solidarity clause. Any potentially problematic points would be easily resolved. Therefore, adoption of the digital solidarity principle now mainly depends on political will. Keeping this in mind will help the DSF achieve its goals.

 

 

References :
WEBER ROLF H./MENOUD VALÉRIE, The Information Society and the Digital Divide – Legal Strategies to Finance Global Access, Zurich/Bâle/Genève 2008.
WEBER ROLF H./MENOUD VALÉRIE, The Digital Solidarity Clause – An Analysis in the Light of Contract, Public Procurement, and Competition Law, in: GAUCH/WERRO/PICHONNAZ (eds.), Mélanges en l’honneur de Pierre Tercier à l’occasion de son 65ème anniversaire, Zurich/Bâle/Genève 2008, pp. 471–494.